LESLY FAUSTO PINTO Vs. GOA UNIVERSITY

JUDGEMENT

(1.) RULE, returnable forthwith, by consent. 1a. The complaint in the present petition relates to the refusal by the respondents to the petitioner to fill up the vacant seat which had remained unavailed till 30th September 1995 out of 15% quota of All India seats for the academic year 1995-96 in the Goa Dental College.

(2.) THE case of the petitioner is that the respondent no. 4 provides a course of study for the B. D. S. Degree for the duration of 4 academic years followed by one year compulsory paid rotating internship in the College and that there are 40 seats approved by the Indian Dental Council for the said College even though the prospectus speaks of only 30 seats. From the year 1995-96, to process all the admissions in the professional colleges, a common application form is provided and the admissions to the said colleges are routed through the respondent no.2.Pursuant to the directions by the Supreme Court the All India Entrance Examinations are held and 15% of the seats in each institution are reserved for the successful candidates of such examinations and the time schedule for filling up this 15% quota of All India seats is also laid down by the Supreme Court. Accordingly 30th September of every year is the last date to avail the seats under the said quota for successful candidates in the All India Entrance Examination. If the allotment remained unavailed and the seats remained vacant on 1st October, then the same are held to be deemed to have been surrendered to the general quota in the respective institutions.

(3.) IT is further the case of the petitioner that among the four students who were allotted seats in the third week of October were Miss Sharveena Vasant Bandodkar, Mr. Sumeet Ulhas Kaisare and Miss Sujata Krishna Satoskar. The said students did not get approval of the University for enrolment for the academic year 1995-96 and, therefore, they filed writ petitions bearing Nos. 180, 181 and 182 of 1996 respectively and after the order of this Court the University granted them the enrolment by Order dated 31st May 1996 and allowed to persue the study with the batch of 1996-97. The fourth student was Mr. S. Pradip who was admitted to the course on 20th October 1995 who was given enrolment by the University and also was permitted to attend the classes with the batch for 1996-97. Likewise one Mr. Toshapu, who was Government of India nominee, was given admission in the College after October 1995 and was granted enrolment by the University on 17th January 1996 and was allowed to attend the classes with the batch for 1996-97.